Home » Archives by category » Columns » Real Estate

A New Year Means New Tax Laws

A New Year Means New Tax Laws

By Jennifer Felten Each New Year brings many changes.  January first of each year is when many new laws take effect and December 31 is when many old ones expire.  Below are just a few new tax laws that are being considered or recently passed for 2017 that relate to real property ownership. At the […]

Yes, HOA Can Sell Property for Delinquent Fees

Yes, HOA Can Sell Property for Delinquent Fees

By Jennifer Felten Howard Rich purchased a single-family residence at an execution sale.  The execution sale was conducted to satisfy a judgment against Yung-Shen Steven Lee.  Rich was a third-party purchaser.  The plaintiff and judgement creditor was Spyglass Hill Community Association, the HOA which managed the residence where Lee lived.  After the sale, the trial […]

Westside Estate Agency, Inc. v. James Randall, et al. — Get It In Writing!

Westside Estate Agency, Inc. v. James Randall, et al. — Get It In Writing!

In legalese, the term “statute of frauds” refers to the requirement that certain kinds of contracts be memorialized in writing, signed by the party to be bound by the contract, with sufficient content to evidence the contract.  One such type of contract that must be in writing pursuant to California Civil Code section 1624(a)(4) is […]

Coordinated International Law Enforcement Action Taken Against Cyber Criminal Network “Avalanche”

Coordinated International Law Enforcement Action Taken Against Cyber Criminal Network “Avalanche”

Cyber crime is a major issue in the real estate industry today.  In particular, the use of “phishing” to misdirect funds in real estate transactions and the subsequent movement of those funds out of the United States through money mules has resulted in millions of dollars in losses.  More often than not the criminals are […]

Dodd-Frank Bureau beaten in Court by PHH Mortgage Company

Dodd-Frank Bureau beaten in Court by PHH Mortgage Company

By Jennifer Felten Created by the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, the Consumer Financial Protection Bureau (“CFPB”) is an agency of the United States government responsible for consumer protection in the financial sector. As a relatively young agency, little case law exists regarding the powers and abilities of the agency.  […]

Pokémon 602?

Pokémon 602?

By Jennifer Felten As the parent of a millennial I am forced to admit that I have learned way more about Pokémon GO than I would have otherwise cared to learn.  Not only am I getting a lesson, but so are some land owners who have had the unfortunate circumstances of running into pokémoners (is […]

Airbnb, Inc. v. City of San Francisco

Airbnb, Inc. v. City of San Francisco

By Jennifer Felten  Airbnb, Inc. runs an online platform where people can list properties for short term rentals.  Airbnb, Inc. filed lawsuit in the U.S. District court for the Northern District of California on last month seeking to enjoin the recently enacted amendments to the city’s so called “Airbnb law” claiming the law is a […]

Ownership, Possession and the Unlawful Detainer Process (Eviction)

Ownership, Possession and the Unlawful Detainer Process (Eviction)

By Jennifer Felten The difference between ownership and possession came into sharp focus for a woman in Nashville last month when she bought her first home.  After taking title to the property she was shocked to find that the seller was still in the property refusing to leave. The fact is that most people think […]

Court sides with HOA in case against Short Term Rentals

Court sides with HOA in case against Short Term Rentals

Case of the Month:  Almanor Lakeside Villas Owners Association v. Carson Almanor Lakeside Villa Owners Association (“HOA”) filed a lawsuit in Santa Clara County Superior Court against property owners, James and Kimberly Carson (“Carsons”), after they rented out their properties as short term vacation rentals. The subdivision in question was originally designed with several lots […]

It’s mine! Case decided in court as heirs via for real property

It’s mine!  Case decided in court as heirs via for real property

By Jennifer Felten Carne v. Worthington This case involves a dispute over the ownership of a property owned by Kenneth Liebler before his death. Liebler’s daughter, Melanie Carne, as successor trustee to the Kenneth Liebler Irrevocable Trust dated December 21, 2009 (the “2009 Trust”), filed a petition in probate court to confirm the validity and […]

Page 1 of 512345